Judge: Phillip Hom

In Peldman v. Kalahari Resorts, LLC, No. 161385/2019, 2021 WL 3619757 (Sup. Ct. N.Y. Cty. August 16, 2021), the court held, inter alia, that the court did not have personal jurisdiction over an out-of-state (PA) defendant. Among other things, the plaintiff argued that defendant’s connections to New York – including purchase of a float in…

Read More Purchase of Floats in Macy’s Thanksgiving Day Parade Insufficient to Confer Personal Jurisdiction
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In Jane Doe v. John Doe,[1]Ed. note: I have modified the name of Defendant to “John Doe” in light of (yet without acknowledging any obligation imposed by) the Court’s Order dated Nov. 5, 2021, NYSCEF Doc. No. 60. No. 155961/2020, 2021 WL 3290843 (N.Y. Sup Ct, New York County Aug. 02, 2021) – a sexual…

Read More Sexual Harassment Plaintiff Denied Opportunity to Amend Complaint to Add Claims to Assert Defamation Counterclaim Was Retaliatory
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From Budhai v. New York City Dept. of Correction, No. 158407/2019, 2021 WL 1391283 (N.Y. Sup Ct, New York County Apr. 13, 2021): Budhai argues that DOC’s disciplining her for lateness was discrimination because of her caregiver status in violation of NYSHRL and NYCHRL. She alleges she was late to work because she was taking…

Read More Caregiver Status Discrimination Claim Dismissed Against NYC Dept. of Correction
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In Cephus v. Normakamali, Inc., No. 156176/2020, 2021 WL 1345362 (N.Y. Sup Ct, New York County Apr. 08, 2021), an employment discrimination and retaliation case, the court granted defendant’s motion to compel arbitration. From the decision: In this case, Cephus’ proposed employment discrimination and retaliation claims are subject to arbitration because the provision at issue…

Read More Employment Discrimination and Retaliation Claims Subject to (Unsigned-by-Employer) Arbitration Agreement
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In Bush v. Alliant Content, LLC, No. 151495/2020, 2021 WL 1204987 (N.Y. Sup Ct, New York County Mar. 29, 2021), the court dismissed, with prejudice, plaintiff’s claim of employment discrimination under the New York City Human Rights Law (NYCHRL). While that statute is comparatively broader than its federal and state counterparts, it will not apply…

Read More Finding Insufficient Connection to New York City, Court Strikes NYC Human Rights Law Claim From Employment Discrimination Complaint
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In Franklin v. Myth Clothing Co., No. 161482/2019, 2021 WL 743848 (N.Y. Sup Ct, New York County Feb. 24, 2021) – a gender discrimination case – the court determined that the defendants’ motion to dismiss based on documentary evidence (under CPLR 3211(a)(1)) and for failure to state a claim (under CPLR 3211(a)(7)) to a motion…

Read More Gender Discrimination Claim to be Decided on Summary Judgment; Evidence Included Praise of Alleged Harasser by Female Employees
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